The Human Rights Commission of Malaysia (Suhakam) said the new government must provide justification for the recent slew of travel bans, even though the current law seemed to provide it with the freedom to do so.

Commission chairperson Razali Ismail reminded the Immigration Department that every individual has the right to freedom of movement, including the freedom to travel abroad.

Providing justification for the travel blacklists the department has imposed on several personalities would be in keeping with the Pakatan Harapan administration's pledge to uphold the rule of law and preserve human rights, he said.

"While understanding the complications of the current situation and matters relating to national interest, Suhakam further advises in the public interest that the circumstances justifying the prohibition to travel will need to be provided, to underline the commitments of the country since the epochal change it has undergone," he said in a statement.

Razali was referring to the blacklisting of Najib Abdul Razak, his wife Rosmah Mansor, and several other high-ranking personalities linked to the ousted prime minister and his beleaguered 1MDB fund. 

He further recommended that reforms to the law be made, as he stated the current law provided the immigration director-general "unfettered discretion" to determine people's rights of movement.

"Given that the Immigration Act 1959/63 does not establish conditions under which the right to freedom of movement may be limited, conferring an unfettered discretion on the (immigration) director-general to decide on the right to freedom of movement of an individual, Suhakam would advise reform of the law in line with international standards," he added.

Suhakam's stance, however, seemed to contradict that held by NGO Lawyers for Liberty (LFL) which stated that the bans were lawful, citing the same Immigration Act.

However, it, too, called on Immigration director-general Mustafar Ali to adhere to due process and provide his reasons for the bans, so those affected could challenge the decision.

"The immigration authorities are fully empowered to take steps to stop persons under police investigation, from escaping the law including by blacklisting suspected individuals whether they are nationals or otherwise.

"Preventing persons under investigation or who may have pending criminal charges from leaving the country is a lawful act and is not an overreach of the director-general’s power," LFL executive director Eric Paulsen said in a statement.

He added: "It should be noted that the individuals blacklisted are implicated or persons of concern in serious crimes including corruption, abuse of power, criminal breach of trust, giving false evidence and offences against public justice, and numerous other offences involving billions of public funds that are currently under investigation, and they are rightly barred from leaving the country."

Paulsen stated it was a "misunderstanding" to assume that such a ban could only be applied to individuals already charged in court, or those that fall under a specific class stipulation under the law, such as National Higher Education Fund (PTPTN) defaulters.

He pointed out that the recent situation was also different from that faced by cartoonist Zunar, and former Bersih chairperson Maria Chin Abdullah who had travel bans imposed on them as a result of political-motivated circumstances.

Other personalities recently slapped with the travel ban included 1MDB chief executive officer Arul Kanda Kandasamy, its chairperson Irwan Serigar Abdullah, attorney-general Mohamed Apandi Ali, former inspector-general of police Khalid Abu Bakar and former MACC chief Dzulkifli Ahmad.